AUSTRALIAN SECURITIES COMMISSION ACT 1989 No. 90 of 1989 - SECT 68
Self-incrimination
AUSTRALIAN SECURITIES COMMISSION ACT 1989 No. 90 of 1989 - SECT 68
Self-incrimination
68. (1) For the purposes of this Part, of Division 3 of Part 10, and of
Division 2 of Part 11, it is not a reasonable excuse for a person to refuse or
fail:
(a) to give information;
(b) to sign a record; or
(c) to produce a book; in accordance with a requirement made of the
person, that the information, signing the record or production of the
book, as the case may be, might tend to incriminate the person or make
the person liable to a penalty.
(2) Subsection (3) applies where:
(a) before:
(i) making an oral statement giving information;
(ii) signing a record; or
(iii) producing a book;
pursuant to a requirement made under this Part, Division 3 of Part 10, or
Division 2 of Part 11, a person claims that the statement, signing the record,
or production of the book, as the case may be, might tend to incriminate the
person or make the person liable to a penalty; and
(b) the statement, signing the record, or production of the book, as the
case may be, might in fact tend to incriminate the person or make the
person liable to a penalty.
(3) Neither the statement, or the fact that the person has signed the record
or produced the book, as the case may be, nor, in the case of the making of a
statement or the signing of a record, any information, document or other thing
obtained as a direct or indirect consequence of the person making the
statement or signing the record, as the case may be, is admissible in evidence
against the person in:
(a) a criminal proceeding; or
(b) a proceeding for the imposition of a penalty; other than a proceeding
in respect of:
(c) in the case of the making of a statement-the falsity of the statement;
or (d) in the case of the signing of a record-the falsity of any
statement contained in the record.